G.Mohanakrishnan v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2021

CORAM

THE HON'BLE MR. JUSTICE C.SARAVANAN W.P. No. 26497 of 2011 and M.P. No. 1 of 2011 G.Mohanakrishnan, S/o.R.Govindaswamy ... Petitioner Vs

1. The Chief Engineer, Gas Turbine Scheme, TANGEDCO, X-Floor, N.P.K.R.R.Maaligai,

2. The Superintending Engineer, Thirumakkotttai (Kovilkalappal) Gas Turbine Power Station, TANGEDCO, Thirumakkottai-Mannargudi, Thiruvarur District - 614 017.

3. The Tamil Nadu Electricity Board, Represented by its Chairman and Managing Director,

4. The Branch Manager, Indian Overseas Bank, Sowcarpet Branch, Chennai - 600 079.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the first respondent in his Letter vide No.Lr.No.SE/GTS/EM/A1/ F.P.O.N.O.No.22,dated 07.10.2009/D.1167/11 dated 11.11.2011 and to quash the same.

For Petitioner : Mr.M.Venkatesh for Mr.S.Arivazhagan For R1 to R3 : Mr.N.Damodharan Standing Counsel For R4 : Mr.F.B.Benjamin George

ORDER

Mr.N.Venkatesh, learned counsel for the petitioner submits that the petitioner had obtained Change of Vakalat way back in 2011, but has not filed the same and therefore the name of the petitioner's counsel still appears for the petitioner. It is noticed that after 2011, the case has not been listed for hearing. After the lock down was imposed and the Courts have started functioning through video conferencing, the case was listed on 09.07.2020 and adjourned to 21.07.2020. On that date also there was no representation on behalf of the petitioner. The case was thereafter listed on 08.03.2021, again there was no representation on behalf of the petitioner and was directed to be listed under the caption 'for dismissal' on 12.03.2021 i.e., today.

2. Today, when the case is taken up for hearing, there is a representation on behalf of the petitioner stating that there is a Change of Vakalat. Since there is no assistance on behalf of the petitioner, I am inclined to dismiss this writ petition with liberty to restore the same, in case, the petitioner makes a good case for restoring the same.

3. This Writ Petition stands dismissed for want of prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ARB To

1. The Chief Engineer, Gas Turbine Scheme, TANGEDCO, X-Floor, N.P.K.R.R.Maaligai,

2. The Superintending Engineer, Thirumakkotttai (Kovilkalappal) Gas Turbine Power Station, TANGEDCO, Thirumakkottai-Mannargudi, Thiruvarur District.

3. The Tamil Nadu Electricity Board, Represented by its Chairman and Managing Director,

4. The Branch Manager, Indian Overseas Bank, Sowcarpet Branch, Chennai - 600 079.

+ 1cc to Mr.F.B.Benjamin George, Advocate SR.No.16167 W.P. No. 26497 of 2011 and M.P. No. 1 of 2011 CA (CO) TE (17/04/2021)